Patna High CourtCR. MISC./72295/2024bail granted

Sartaj Miyan @ Sartaj Alam v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72295 of 2024 Arising Out of PS. Case No.-286 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== 1.

Sartaj Miyan @ Sartaj Alam S/o Ishrayal Miyan R/o Village- Kanchhedwa, Ward No.05, P.S.- Harsiddhi, District- East Champaran 2.

Tuntun Miyan @ Tahir S/o Hafiz Miyan R/o Village- Pokhra Sheikh Toli, Ward NO.10, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Sundar Kumar, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Nautan P.S. Case No. 286 of 2024 dated 07.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 103.140 litres of illicit foreign liquor was recovered from the Bolero vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are

Patna High Court CR. MISC. No.72295 of 2024(2) dt.05-10-2024 2/2 not the owner of the said vehicle and they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. As per the impugned order dated 07.09.2024, the petitioners are in custody since 07.08.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Nautan P.S. Case No. 286 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T